Legal Opinion

Gibbons v. Gouverneur

Court for the Trial of Impeachments and Correction of Errors

Decided May 15, 1845PublishedCited by 15 opinions

Error from the superior court of the city of New-York. Gibbons sued Gouverneur in the court below in assumpsit, upon an, agreement relating to a horse race, to be run on the Union course in Queens county.

Read the full summary

Error from the superior court of the city of New-York. Gibbons sued Gouverneur in the court below in assumpsit, upon an, agreement relating to a horse race, to be run on the Union course in Queens county. The agreement was contained or referred to, in an entry made in a book kept by the proprietors of the course, called the “ Sweepstake book of the Union Course,” in the following words: « Spring meeting, 1839. We the subscribers agree to run a sweepstake, mile heats, spring 1839, with, colts and fillies dropt in 1836. Entrance $1000; forfeit $250. The second in the race to receive back…

1Opinion of the Court

By the Court, Beardsley, J.

At common law, horse racing for bets, as well as wager contracts upon most subjects, were legal. (Van Valkenburgh v. Torrey, 7 Cowen, 252; Chit, on Cont. 495, 712, Amer. ed. 1842; Bunn v. Riker, 4 John. 426 ; Campbell v. Richardson, 10 id. 406.) But the statute makes “ all' running, trotting or pacing of horses, or any other animals, for any bet or stakes, in money, goods, or other valuable thing, or for any reward to be given to the owner or rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose expressly allowed”—“…

2Cases cited1 opinion

  1. Bunn v. RikerNew York Supreme Court · 1809

3Cited by15 opinions

  1. Harris v. . WhiteNew York Court of Appeals · 1880
  2. Misner v. KnappOregon Supreme Court · 1885
  3. Ruckman v. BryanNew York Supreme Court · 1846
  4. Porter v. DayWisconsin Supreme Court · 1888
  5. Bronson Agricultural & Breeders' Ass'n v. RamsdellMichigan Supreme Court · 1872

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API